Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.40 - UNEMPLOYMENT INSURANCE
Subchapter 24.40.9 - NEW
Rule 24.40.921 - PENSION BENEFIT REDUCTION

(1) The department shall presume a claimant made no monetary contribution to claimant's pension plan. A claimant may overcome this presumption by providing written proof to the department demonstrating that the claimant made an actual monetary contribution to the pension plan. When a claimant made direct monetary contribution to the pension plan, the department shall not reduce a claimant's weekly unemployment benefit by the amount of the pension payment.

(2) Within eight days of claimant's receipt of correspondence from the pension plan administrator concerning claimant's pension entitlement or the amount of claimant's pension payments, claimant must provide the department with copies of the correspondence.

(3) Claimant's base period employer must promptly furnish information related to claimant's pension plan when requested by the claimant, claimant's representative, or the department.

(4) A claimant "constructively" receives a pension payment when:

(5) The department shall allocate the pension payment, which is actually or constructively received by a claimant, by attributing a fraction of the payment to each week in the following manner: